Tuesday 11 April 2006


The specific offence of rape should be abolished, since it serves only to keep on the streets people who ought to be behind bars. Instead, the sexual element should be made an aggravating factor in offences against the person generally, enabling the maximum sentence to be doubled. That way, a few silly cases that currently come to court would not do so, while many serious cases that currently either never make it to court or end in an acquital would at least end in a conviction for something. My jaw drops when I hear or read reports (no doubt truthful) of women with serious injuries whose assailants were never charged with anything because there was considered little or no chance of a conviction for rape. Why were they not charged with, say, GBH? This way, they would be.

Furthermore, this would be achieved without compromising fundamental principles such as trial by jury and the burden of proof on the part of the prosecution, both of which have already been eroded far too much (i.e., particularly in the latter case, at all).

No comments:

Post a Comment